Geoffrey de Mandeville: A study of the AnarchyRound, John Horace
History
Geoffrey de Mandeville: A study of the Anarchy
Round, John Horace
Great Britain -- History -- Stephen, 1135-1154; Mandeville, Geoffrey de, earl of Essex, -1144
Dr. Stubbs points out that, under the Norman kings, "the authority of
the sheriff, when he was relieved from the company of the ealdorman, ...
would have no check except the direct control of the king" (i. 272); and
Gneist similarly observed that "After the withdrawal of the eorl, the
Anglo-Saxon shir-gerefa became the regular governor of the county, who
was henceforth no longer dependent upon the eorl, but upon the personal
orders of the king, and upon the organs of the Norman central
administration" (i. 140). And for a period of transition between the two
systems, the Anglo-Saxon and the late Norman, the sheriff not only
presided, in his court, as its sole lay head, but also in a dual
capacity. Dr. Stubbs, it is true, with his wonted caution, does but
suggest it as "probable that whilst the sheriff in his character of
sheriff was competent to direct the customary business of the court, it
was in that of _justitia_ that he transacted special business under the
king's writ."[341] But Gneist treats of him, under a separate heading,
in his capacity of "royal justiciary" (i. 142). It is from this dual
position that there developed, by specialization of function, two
distinct officers, the sheriff (_vicecomes_) and the justice
(_justicia_). This is the development which, as yet, has been somewhat
imperfectly apprehended.
The centralizing policy of Henry I., operating through the _Curia
Regis_, has, I need hardly observe, been admirably explained by Dr.
Stubbs. He has shown how two methods were employed to attain the end in
view: the one, to call up certain pleas from the local courts to the
_curia_; the other, to send down the officers of the _curia_ to sit in
the local courts.[342] In the latter case, the royal officer
("justicia") appeared as the representative of the central power of
which the _Curia Regis_ was the exponent. Thus, there were, again, for
the county court two lay presidents, but they were now the sheriff, as
local authority, and the justice, who represented the central. Such an
arrangement was, of course, a step in advance for the Crown, which had
thus secured for itself, through its justice, a footing in the local
courts.[343] But with this arrangement neither side was able to rest
satisfied. Broadly speaking, if I may be allowed the expression, the
Crown sought to centralize the sheriff, and to exclude the local
element; the feudatories would fain have localized the justice, and so
have excluded the central. Thus, before the close of Henry's reign, he
had actually employed on a large scale the officers of his _curia_ as
sheriffs of counties, and "by these means," as Dr. Stubbs observes, "the
king and justiciar kept in their hands the reins of the entire judicial
administration" (i. 392).[344] The same policy was faithfully followed
by his grandson, a generation later, on the occasion of the inquest of
sheriffs (1170), when, says Dr. Stubbs, "the sheriffs removed from their
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account